상이등급판정 처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 10, 1970, the Plaintiff entered the Army and was discharged from military service on December 31, 1993. On July 19, 1989, in the military service, the Plaintiff sustained the injury of the part of the right satisfaction part (hereinafter “the instant wound”). On July 20, 2015, the Plaintiff applied for the instant wound and applied for the registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation.
B. On November 6, 2015, the Defendant rendered a decision that the instant wound does not constitute a soldier or policeman on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), but that it constitutes a soldier or policeman under the Act on Support for Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services”), on the ground that it does not constitute a soldier or policeman under the Act on Support for Persons of Distinguished Services to the State’s Compensation.
C. However, as a result of the physical examination conducted by the Central Veterans Hospital on January 20, 2016, the difference in this case was determined to be “less the grade standard”, and the Defendant rendered a decision on February 3, 2016 to determine the Plaintiff as ineligible for the application of the Act on Persons Eligible for Veteran’s Compensation.
On July 27, 2017, the Plaintiff filed an administrative litigation seeking revocation of the above decision with the Seoul Administrative Court (Seoul Administrative Court No. 2016Gudan1103, hereinafter “previous litigation”). The above court rendered a judgment revoking the above decision on the ground that the Plaintiff’s disability rating should be seen as “Class 7 8122,” and the above judgment became final and conclusive on August 12, 2017.
E. On August 25, 2017, in accordance with the purport of the judgment in the previous lawsuit, the Defendant requested the Board of Patriots and Veterans Entitlement to review the Plaintiff’s disability rating classification, and the Board of Patriots and Veterans Entitlement on September 27, 2017.